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Glenelg Shire Council

Notice of Meeting & Agenda

Ordinary Council Meeting – Tuesday 22 August 2017

Notice is hereby given that an Ordinary Council Meeting will be held in the Council Chamber, Casterton Glenelg Shire Municipal Offices, Henty Street, Casterton commencing at 7.00pm on the above date for the purpose of transacting the business on the attached Agenda, together with such other business as the Chairperson may permit. GREG BURGOYNE Chief Executive Officer Date of Issue: Friday 18 August 2017

Invited: Mayor, Councillor Anita Rank Councillor Robert Halliday Councillor Chrissy Hawker Councillor Alistair McDonald Councillor Karen Stephens Councillor Geoff White Councillor Gilbert Wilson Chief Executive Officer, Mr Greg Burgoyne Acting Director Corporate Services, Mr David Hol Director Assets, Mr Paul Healy Director Community Services, Ms Edith Farrell

ORDINARY COUNCIL MEETING - 2 - Tuesday, 22 August 2017 Contents Page Present: 4 Opening Prayer: 4 Aboriginal Acknowledgement: 4 Receipt of Apologies: 4 Confirmation of Minutes: 4 Conflict of Interest: 4 Question Time: 4 Questions of which due notice has been given in writing or previously taken on notice: 4 Questions from the Gallery: 4 A. Notices of Motion: 4 B. Deputations: 4 C. Petitions: 4 D. Committee Reports: 4 E. Assembly of Councillor Record: 5 E1. Assembly of Councillors Records 13 July 2017 – 10 August 2017 (Inclusive) 5-8 F. Management Reports: 9 F1. Councillor and Chief Executive Officer Leave of Absence Register 9-11 F2. Council Policy Review - Glenelg Shire Council International Relationships 12-13 F3. Council Meetings, Civic Events and Functions on Declared Code Red Fire Days 14-16 F4. National Disability Insurance Scheme Update 17-21 F5. Vern McCallum Collection Strategic Plan 22-25 F6. Glenelg Shire Council Customer Service Charter 26-28 F7. Lease Agreement with McIntyre Clan Investments, 56 Percy Street, Portland 29-30 F8. Customer Complaint Handling Policy 31-35 F9. Heritage Grant Application 3261 Casterton-Portland Road, Digby 36-38 F10. Delegations and Authorisations Review 39-45

ORDINARY COUNCIL MEETING - 3 - Tuesday, 22 August 2017 Any Other Procedural Matter: 46 Urgent Business: 46 Receipt of Items Submitted for Information: 46 Index – Separate Circulations to Reports: 46 Closure of Meeting to Members of the Public: 47 G. In Camera Reports: 48 G1. Independent Audit Committee Member Appointment 48-51 Opening of Council Meeting to Members of the Public: 52 Closure of Council Meeting: 52

ORDINARY COUNCIL MEETING - 4 - Tuesday, 22 August 2017

AGENDA

CR ANITA RANK - MAYOR PRESENT: OPENING PRAYER: ABORIGINAL ACKNOWLEDGEMENT: RECEIPT OF APOLOGIES: Councillor Geoff White. CONFIRMATION OF MINUTES: Recommendation That the minutes of the Ordinary Council Meeting held on Tuesday 25 July 2017 as circulated, be confirmed. DECLARATIONS OF CONFLICT OF INTEREST:

CONFLICT OF INTEREST

‘The Local Government Act contains mandatory requirements for both direct and indirect conflict of interest. The objective of the provisions is to enhance good governance in Victorian local government and to improve public confidence in the probity of decision making at Victoria’s 79 Councils. Councillors are responsible for ensuing that they comply with the relevant provisions contained in Part 4 – Division 1A of the Act. An online copy of the Local Government Act is available at www.localgovernment.vic.gov.au select – legislation. Alternatively, a printed copy is available for Councillors upon request’. QUESTION TIME: QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN IN WRITING OR PREVIOUSLY TAKEN ON NOTICE: QUESTIONS FROM THE GALLERY: A. NOTICES OF MOTION: B. DEPUTATIONS: C. PETITIONS: D. COMMITTEE REPORTS:

http://www.localgovernment.vic.gov.au/

ORDINARY COUNCIL MEETING - 5 - Tuesday, 22 August 2017 E. ASSEMBLY OF COUNCILLOR RECORDS: E1. ASSEMBLY OF COUNCILLORS RECORDS 13 JULY 2017 – 10 AUGUST 2017 (INCLUSIVE) Director: David Hol, Acting Director Corporate Services Author: Rachael Fellows, Senior Administration Officer Corporate Services Separate Circulations – Non Confidential No. Separate Circulation Title, Date and Author as detailed on the

separate circulation (where applicable) ECM

1. Assembly of Councillors – Councillors Workshop held Tuesday 18 July 2017

2316176

2. Meeting Record of the Tourism Advisory Committee held on Wednesday 19 July 2017

2322161

3. Meeting Record of the Australia Advisory Committee held on Tuesday 25 July 2017

2322480

4. Assembly of Councillors – Councillor and CEO Meeting Record held Tuesday 25 July 2017

2319856

5. Assembly of Councillors – Councillor Briefing Session held on Tuesday 25 July 2017

2317804

6. Assembly of Councillors – Municipal Health and Wellbeing Presentation held on Tuesday 8 August 2017

2322775

7. Assembly of Councillors – Councillors Workshop held on Tuesday 8 August 2017

2322776

Executive Summary In accordance with the Local Government Act 1989 Assembly of Councillors records (including records of those titled as committees) must be reported to the next ‘practical’ Ordinary Council meeting and recorded in the minutes of that meeting. The objective of submitting the Assembly of Councillors (including records of those titled as committees) records to Council meetings is to ensure public transparency in Council decision making processes. Background The Chief Executive Officer must ensure that a written record is kept of every Assembly of Councillors records (including records of those titled as committees). Department of Community Development and Planning circular L97 advises that Assembly of Councillors records “only needs to be a simple document that records: • the names of all Councillors and staff at the meeting; • a list of the matters considered; • any conflict of interest disclosed by a Councillor; and • whether a Councillor who disclosed a conflict left the room.

ORDINARY COUNCIL MEETING - 6 - Tuesday, 22 August 2017 E1. ASSEMBLY OF COUNCILLORS RECORDS 13 JULY 2017 – 10 AUGUST 2017 (INCLUSIVE) (continued) The circular also advises that: “The record is not required to be in the form of minutes. The recommended approach is to record the “matters” discussed, by listing the headings of the matters. In some cases, meetings may be considering a single matter…”

The circular further advises that: “This does not mean that the record cannot be reported to the Council in the form of minutes. In Councils where it is established practice for minutes of advisory committees to be tabled at Council meetings, the minutes will be sufficient for the purpose if they include the required information, including disclosures.”

Report The legislative requirement became effective from the 24 September 2010. This report covers the period from Thursday 13 July 2017 – Thursday 10 August 2017 (inclusive). All Assembly of Councillors records (including records of those titled as committees) held during this period must be included. The following assembly of Councillors records (including records of those titled as committees) held during the period specified above have been received from the relevant Departments/Units: • Assembly of Councillors – Councillors Workshop held Tuesday 18 July 2017

(DocSetID: 2316176);

• Meeting Record of the Tourism Advisory Committee held on Wednesday 19 July 2017 (DocSetID: 2322161);

• Assembly of Councillors – Councillor and CEO Meeting Record held Tuesday

25 July 2017 (DocSetID: 2319856);

• Assembly of Councillors – Councillor Briefing Session held on Tuesday 25 July 2017 (DocSetID: 2317804);

• Meeting Record of the Australia Advisory Committee held on Tuesday 25 July

2017 (DocSetID: 2322480);

• Assembly of Councillors – Municipal Health and Wellbeing Presentation held on Tuesday 8 August 2017 (DocSetID:232275); and

• Assembly of Councillors – Councillors Workshop held Tuesday 8 August 2017

(DocSetID: 2322776).

ORDINARY COUNCIL MEETING - 7 - Tuesday, 22 August 2017 E1. ASSEMBLY OF COUNCILLORS RECORDS 13 JULY 2017 – 10 AUGUST 2017 (INCLUSIVE) (continued) a. Council Plan Linkage and Policy Context

Leading Glenelg – Create shared visions within the community ensuring agreed outcomes.

b. Legislative and Legal Considerations

The purpose of this report is to ensure compliance with the Local Government Act 1989. References include:

• Section 3(1) – Definition of “Assembly of Councillors”; • Section 80A – Requirements for an assembly of Councillors; and • Section 3(1) – Definition of “advisory committee”

c. Consultation and/or communication processes implemented or proposed

This report has considered the requirements of the Victorian Charter of Human Rights and Responsibilities.

e. Risk Management

Nil.

f. Resource Implications

Nil. g. Charter of Human Rights and Responsibilities

Nil. h. Budget Implication

The cost of preparing the monthly reports on Assembly of Councillors records (including records of those titled as committees) is another compliance cost imposed by the state government and is an indirect cost within the corporate governance unit salaries and on cost budget.

Preparing Assembly of Councillors records (including records of those titled as committees) is an indirect cost within the salaries and on cost budget for each Department/Unit that is responsible for the specified meeting.

ORDINARY COUNCIL MEETING - 8 - Tuesday, 22 August 2017 E1. ASSEMBLY OF COUNCILLORS RECORDS 13 JULY 2017 – 10 AUGUST 2017 (INCLUSIVE) (continued) Conclusion

This report is a summary of the Assembly of Councillors records for the period Thursday 13 July 2017 – Thursday 10 August 2017 (inclusive). Officer Recommendation That Council receives the report on Assembly of Councillors Records (including records of those titled as committees) for the period Thursday 13 July 2017 – Thursday 10 August 2017 (inclusive).

ORDINARY COUNCIL MEETING - 9 - Tuesday, 22 August 2017 F. MANAGEMENT REPORTS: F1. COUNCILLOR AND CHIEF EXECUTIVE OFFICER LEAVE OF ABSENCE REGISTER CEO: Greg Burgoyne, Chief Executive Officer Author: Kylie Walford, Council Support Coordinator Separate Circulation – Confidential The separate circulation listed in the table below has been designated as confidential by the Chief Executive Officer under sections 77(2)(c) of the Local Government Act 1989 (the Act): No. Separate Circulation Title, Date and

Author as detailed on the separate circulation (where applicable)

Relevant Grounds Under Section 89(2) of the Act

ECM DocsetID

1. Councillor and Chief Executive Officer Leave of Absence Register

(Security of Councillor’s Property) Any other matter which the council or special committee considers would prejudice the council or any person - section 89 (2) (h)

2322473

Executive Summary The purpose of this report is to enable Council to consider the Councillor and Chief Executive Officer Leave of Absence Register. Background In accordance with Section 66B of the Local Government Act 1989 Councillors are entitled to take Leave of Absence. Report Section 66B of the Local Government Act 1989 states: (1) If a Councillor is required to take leave of absence under this Act, the Councillor

- a. may continue to be a Councillor but must not perform the duties of

functions of a Councillor during the period of leave;

b. remains entitled to receive a Councillor allowance unless this Act otherwise provides;

ORDINARY COUNCIL MEETING - 10 - Tuesday, 22 August 2017 F1. COUNCILLOR AND CHIEF EXECUTIVE OFFICER LEAVE OF ABSENCE REGISTER (continued)

c. is not entitled to be reimbursed for out-of-pocket expenses during the period of leave;

d. must return all Council equipment and materials to the Council for the period of leave if the Council requires.

(2) If a Mayor is required to take a leave of absence under this Act, the Mayor is,

for the duration of the leave, to be considered as incapable of acting under section 73(3) and subsection (1) applies to the Mayor as if the Mayor were a Councillor only.

a. Council Plan Linkage and Policy Context



Section 66B of the Local Government Act 1989.


Councillors are required to submit Leave of Absence requests in writing to the Chief Executive Officer. The Chief Executive Officer is required to submit his Leave of Absence requests in writing to Council through the Councillor and Chief Executive Officer Leave of Absence Register. A register will be held by the Chief Executive Officer and reported monthly to Council.

d. Risk Management

Not applicable.

e. Resource Implications

Nil.

f. Charter of Human Rights and Responsibilities


ORDINARY COUNCIL MEETING - 11 - Tuesday, 22 August 2017 F1. COUNCILLOR AND CHIEF EXECUTIVE OFFICER LEAVE OF ABSENCE REGISTER (continued)

g. Sustainability and Environmental Considerations

Not applicable.

h. Budget Implication

Nil. Conclusion It is recommended that Council approve the Councillor and Chief Executive Officer Leave of Absence Register presented to the August Ordinary Council Meeting. Officer Recommendation That Council approve the Councillor and Chief Executive Officer Leave of Absence Register presented as a confidential circulation under Section 89(2) of the Local Government Act 1989.

ORDINARY COUNCIL MEETING - 12 - Tuesday, 22 August 2017 F2. COUNCIL POLICY REVIEW - GLENELG SHIRE COUNCIL INTERNATIONAL RELATIONSHIPS CEO: Greg Burgoyne, Chief Executive Officer Author: Kylie Walford, Council Support Coordinator Separate Circulation – Non Confidential No. Separate Circulation Title, Date and Author as detailed on the


1. Council Policy Glenelg Shire Council International Relationships 898292 Executive Summary The purpose of this Briefing Paper is to enable Council to consider the reviewed Glenelg Shire Council International Relationships Policy. Background In order to provide guidance on expectations and roles for the international relationship with Zhangjiagang City, a Council Policy ‘Glenelg Shire Council International Relationships’ was adopted by Council on 23 March 2010. The Policy was last reviewed and adopted by Council on 27 August 2013. Report The purpose of this Policy is to provide an organisational framework for the conduct of friendship relationships and exchanges with international cities. The Policy particularly applies to the existing relationship between Glenelg Shire Council and Zhangjiagang City in the People’s Republic of China. The Policy limits exchanges to one visit from the friendship city and one visit to the friendship city each term of Council (every four years). Some minor ‘tracked’ changes have been made to the Policy including updates to position titles, dates and document numbers. There have been no content changes to the Policy a. Council Plan Linkage and Policy Context

Growing Glenelg – sustaining and growing a diverse economy and social prosperity; and

Connecting Glenelg – connecting people, places and spaces.


Nil.

ORDINARY COUNCIL MEETING - 13 - Tuesday, 22 August 2017 F2. COUNCIL POLICY REVIEW - GLENELG SHIRE COUNCIL INTERNATIONAL RELATIONSHIPS (continued)


An objective of the Policy is to develop and promote productive relationships between residents, businesses and governing bodies of the respective local government authorities.

d. Risk Management

Nil.


Nil.


The requirements of the Victorian Charter of Human Rights and Responsibilities have been considered.


Nil identified. h. Budget Implications

The maintenance of an international relationship with Zhangjiagang does require allocation of in kind and budgetary resources. There are no current budget implications relative to travel expenses at this time, given the current content of the Policy.

Conclusion Council is to consider the reviewed Council Policy Glenelg Shire Council International Relationships Policy. Officer Recommendation That Council adopt the reviewed Council Policy Glenelg Shire Council International Relationships.

ORDINARY COUNCIL MEETING - 14 - Tuesday, 22 August 2017 F3. COUNCIL MEETINGS, CIVIC EVENTS AND FUNCTIONS ON DECLARED CODE RED FIRE DAYS CEO: Greg Burgoyne, Chief Executive Officer Author: Kylie Walford, Council Support Coordinator Separate Circulation – Non Confidential No. Separate Circulation Title, Date and Author as detailed on the


1. Council Policy - Precautions for Code Red Fire Danger Rating - Councillors

1379169

Executive Summary The purpose of this report is to seek Council endorsement to rescind Council Policy – ‘Precautions for Code Red Fire Danger Rating – Councillors’. Background In 2015 officers undertook a review of existing Council and departmental policies and identified that some of the policies were no longer required or would more appropriately be managed through another mechanism. At the Ordinary Council Meeting on 24 March 2015, Council rescinded a total of 13 Policies. Council was also advised that prior to the 2017 review of the Council Policy ‘Precautions for Code Red Fire Danger Rating – Councillors’, a report would be prepared for Council’s consideration to rescind the Policy and develop a Council recommendation to reflect the current policy statement being, ‘If a Code Red Day is determined by the State Control Centre for the Glenelg Shire, any scheduled Council meetings or Civic events will be cancelled. Report The Council has an Organisational Guideline that provides an overview on the specifics of a ‘Code Red’ fire danger rating and prescribes the employment restrictions during such periods. Rather than a dedicated Council Policy for Councillors on Code Red days, it is proposed that Council resolve to cancel or reschedule any Council related meetings, civic events or functions that are scheduled on Code Red days. This will reduce the risk of Councillors, staff and the community travelling on Code Red days for Council related activities and enable them to respond to any emergency as required. a. Council Plan Linkage and Policy Context


ORDINARY COUNCIL MEETING - 15 - Tuesday, 22 August 2017 F3. COUNCIL MEETINGS, CIVIC EVENTS AND FUNCTIONS ON DECLARED CODE RED FIRE DAYS (continued)


There are no specific legislative requirements that relate to rescinding of a Council Policy.


Not applicable. d. Risk Management

Protection of Councillors and community by cancelling or rescheduling any Council meetings, civic events or functions scheduled for Code Red fire days.


Nil.




Nil.


Nil.

Conclusion This report recommends that Council rescind Council Policy Precautions for Code Red Fire Danger Rating – Councillors and resolves to cancel or reschedule any Council meetings, civic events or functions scheduled for Code Red fire days.

ORDINARY COUNCIL MEETING - 16 - Tuesday, 22 August 2017 F3. COUNCIL MEETINGS, CIVIC EVENTS AND FUNCTIONS ON DECLARED CODE RED FIRE DAYS (continued) Officer Recommendation That Council: 1. Rescind Council Policy CPO-CEO-CS-006 ‘Precautions for Code Red Fire

Danger Rating – Councillors’. 2. Cancel or reschedule any Council meetings, civic events or functions

scheduled on a declared Code Red Day. 3. Update the Organisation Guideline OGU-CORPS-RM-007 ‘Precautions for

Code Red Fire Danger Rating’ be updated to reflect part two of this resolution.

ORDINARY COUNCIL MEETING - 17 - Tuesday, 22 August 2017 F4. NATIONAL DISABILITY INSURANCE SCHEME UPDATE Director: Edith Farrell, Director Community Services Author: Anne Deam, Manager Aged & Disability services Executive Summary This report is to inform Council on the status of the roll out of the National Disability Insurance Scheme (NDIS) in the South West region scheduled implementation in October 2017 and to outline the potential impacts on the Glenelg Shire, if Council were to consider becoming a formal provider of the service. Background In 2014-15 the National Disability Insurance Scheme (NDIS) was piloted in the Barwon Area (including Surf Coast Shire, City of Greater Geelong and Colac Otway Shire) and the North East Municipal areas (including the Cities of Yarra, Darebin, Whittlesea, Nillumbik, and Banyule). The pilot has highlighted the potential increased administration costs to deliver the service under the Scheme. In effect the pilot has confirmed that the NDIS subsidy will not cover costs, without Council subsidy. The Victorian Government fund the Home and Community Care Program for Younger People (HACC PYP). Services are available to people with a disability under the age of 65 years (under 50 years for Aboriginal and Torres Strait Islander people). Across Victorian HACC PYP services, about 30 per cent of current service users are under 65 years. Eligible clients with a profound disability will be supported under the NDIS which gives them more choice and control over how, when and where their supports are provided. The Victorian Government will continue funding HACC PYP services for the under 65 year olds who are not eligible for the NDIS. Report The National Disability Insurance Scheme (NDIS) is delivering support for people with a permanent and profound disability. The scheme is administered by the National Disability Insurance Agency (NDIA). The NDIS will provide all Australians under the age of 65 who have a permanent and significant disability with access to supports they need to live the life they choose. Each person receives an individual amount of funding and is then able to choose where they wish to purchase their supports. The Wimmera South West Region roll out of the NDIS is scheduled to commence in October 2017. Eligible clients will have more choice and control over the delivery of their services. The NDIS identifies who will be eligible and transitions the clients who wish to take up this option, from their current services at the Glenelg Shire Council. The funding for these clients goes with the client and not to the service provider, however numbers are yet to be confirmed. The Victorian Government will continue funding HACC PYP services for the under 65 year olds who are not eligible for the NDIS.

ORDINARY COUNCIL MEETING - 18 - Tuesday, 22 August 2017 F4. NATIONAL DISABILITY INSURANCE SCHEME UPDATE (continued) The NDIS is seeking expressions of interest from agencies or individuals to register to become a provider. If the Glenelg Shire Council wishes to provide services to clients on a NDIS package, the organisation would need to formally register. During the phase-in period from October 2017 onwards, clients will still receive services through the Glenelg Shire Council until 30 June 2018 whether Council registers as a provider or not and Council receives the full monthly HACC grant during this in-kind period (phase-in period plus 3 months). The NDIS policy platform is based on:

• A shift in service provision from Government/Non Profit to Private Providers;

• The replacement of Government managed regional catchment with a national market e.g. anyone can register if they have an ABN;

• A move to consumer choice and individual funding;

• Creation of a new portal and costs associated with marketing, administration and coordination of services; and

• Separate Disability Accreditation is required as well as the existing Home Care Standards.

The current government funding for Home and Community Care - Domestic Assistance is $45.68 per hour, plus the Client’s contribution. If Council was to register as a NDIS provider, the hourly cost on a NDIS package for Domestic Assistance (including travel) would be $39.40 which is an extra cost of $19.99 to Council per hour of service. If Council registered as a NDIS provider and the 20 existing eligible clients choose to move to the NDIS, it would cost Council $1591.13 per week ($82,738.76 per annum extra) to deliver the support to those 20 clients.

ORDINARY COUNCIL MEETING - 19 - Tuesday, 22 August 2017 F4. NATIONAL DISABILITY INSURANCE SCHEME UPDATE (continued)

NDIS Unit Cost of 1 hour of service

Existing Government Funding per hour

NDIS Price Guide

per hour

Council cost

per hour

Additional Cost to Council per hour

Domestic Assistance

$ 45.68 plus Client’s contribution $6.00

= $51.68

$39.40 $59.39 $19.99

Personal Care


= $50.18

$44.72 $68.43 $23.71

Respite Care


= $48.68

$44.72 $68.16 $23.44

Property Maintenance


=$ 59.38

$43.94 $56.61 $12.67

Social Support (PAG) Core

Ratio 1 staff -7 Clients


= $30.10


$ 14.91

$36.26 $21.35

Social Support (PAG) High



=$35.50


$ 22.35

Combined with Core

$36.26

$13.91

Meals on Wheels


=$12.29

$11.61 $15.02

$3.41

ORDINARY COUNCIL MEETING - 20 - Tuesday, 22 August 2017 F4. NATIONAL DISABILITY INSURANCE SCHEME UPDATE (continued) a. Council Plan Linkage and Policy Context

This report is linked to the Council Plan (2017-2021) to Theme – Liveable Glenelg – Embracing inclusive, healthy, sustainable and diverse cultures for living.

b. Legislative and Legal Considerations From 1 July 2016 until 2020 the Commonwealth Government has assumed full funding, policy and operational responsibility for HACC services for older people over 65 years. The Victorian Government will continue funding HACC PYP services for the under 65 year olds who are not eligible for the NDIS.


Communication was undertaken with relevant staff members. Broad community communication will be required to keep the community informed of future service provision.

d. Risk Management

The intended rollout of the NDIS is from October 2017 in the Barwon South West. Early adoption is considered to carry an increased risk as there is not full information available.


There are additional costs associated with the creation of a new portal, reporting and marketing, administration and coordination of services.


The Victorian Charter of Human Rights and Responsibilities Act 2006 has been considered in the development of this report.


This report has considered the sustainability and environmental factors.


If Council was to register as a formal provider, the hourly cost on a NDIS package would not cover travel, training, salary and on costs which would require additional funding by Council to enable services to be implemented.

ORDINARY COUNCIL MEETING - 21 - Tuesday, 22 August 2017 F4. NATIONAL DISABILITY INSURANCE SCHEME UPDATE (continued) Conclusion Based on knowledge of our current clients, approximately 20 of our current clients qualify for NDIS. Should these clients change service providers this would result in a small reduction to our current service delivery hours of approximately 72.25 hours from a total of 981 hours per week. There would be some impact on our Community Care Workers (CCWs) and the clients who qualify for NDIS packages would need to find appropriate providers. If Council was to become a provider of the NDIS there would be a requirement to absorb the unfunded component of the unit cost and the need for increased resources for the management of the services. The rollout of the NDIS in Barwon South West is due to start in October 2017 with completion approximately by 30 June 2018. It would be prudent to wait for this rollout and review the results before Council makes a decision on registering to become a formal provider of the service. Officer Recommendation 1. That Council notes this report.

2. That a further report be provided to Council following the completion of

the rollout of the NDIS in the Barwon South West which is expected to occur by 30 June 2018.

.

ORDINARY COUNCIL MEETING - 22 - Tuesday, 22 August 2017 F5. VERN MCCALLUM COLLECTION STRATEGIC PLAN Director: Edith Farrell, Director Community Services Author: Trevor Smith, Cultural Collection Officer Separate Circulation – Non Confidential No. Separate Circulation Title, Date and Author as detailed on the


1. Strategic Plan for The Vern McCallum Collection, Author Phil Ruge) October 2016

2232460

Executive Summary This report is to brief Councillors on the outcomes of a second meeting with the owner of the Vern McCallum Collection (VMcCC) to clarify and resolve terms and conditions identified in the VMcCC Strategic Plan, specifically in relation to Council auspicing the collection. Background The VMcCC is a privately owned digitized photographic collection of approximately 17,000 images assembled from a variety of sources over a 50 year period. Approximately 1,500 images have been printed and are laminated, and a further 300 images printed and mounted on MDF (board). Images in the collection are from 1859 to the late 20th century. The owner of the VMcCC and a consultant met with Council officers to present the Strategic Plan and gauge Council interest in the future custodianship of the VMcCC. The vision for the VMcCC is “For the photographic collection to be preserved in perpetuity, continue to expand, be curated and accessible”. The Strategic Plan for the VMcCC identifies the strengths and weaknesses, key objectives, critical blockers and key future uses for the collection. A report on the VMcCC Strategic Plan was presented to the 23 May 2017 Ordinary Council Meeting with the following resolutions: 1. That Council note the Vern McCallum Collection is available for acquisition; and 2. Those officers meet with the owner of the collection to resolve possible terms

and conditions and prepare further report to Council.

Council officers have subsequently met with the owner of the VMcCC and consultant to further discuss the Strategic Plan.

ORDINARY COUNCIL MEETING - 23 - Tuesday, 22 August 2017 F5. VERN MCCALLUM COLLECTION STRATEGIC PLAN (continued) Report The VMcCC Strategic Plan proposes that Council would initially auspice the collection. Council would receive a copy of the VMcCC and then have to seek funding to promote the collection and make the collection available to the public. The owner of the collection would continue to grow the collection. When the owner could no longer manage the collection, it would then be offered by donation to Council. Whilst Council is appreciative of his offer, practically some of the aspects of the strategic plan will be difficult to implement, for example, providing ongoing public access to the collection, and access to public funding whilst the collection is in private ownership. The owner of the VMcCC wishes the collection to be available to the public across the Shire. This may include (but not be limited to) ongoing displays for tourists and the general public, displays at festivals and events, and permanent viewing stations (computer terminals) at key locations in the Shire. There is a concern that if the VMcCC collection becomes part of Council’s Cultural Collection it may be difficult to allow access to the public. The VMcCC Strategic Plan also identifies several challenges for Council such as the collection has not been curated; the collection is categorisation incomplete; and the collection is not readily accessible for historical research. Council’s resources for managing, storing and displaying historic material are limited. The 10,000 items in the Cultural Collection under Council’s custodianship should be considered as the primary focus. The owner of the VMcCC has a preferred view (outlined in the VMcCC Strategic Plan) of how the collection could be managed under the auspicing arrangement and proposed eventual donation to Council. To achieve the aims of the VMcCC Strategic Plan additional resources would be required including computer hardware (including server space), staffing, funding, physical space and ongoing management of the collection. a. Council Plan Linkage and Policy Context

Creative Glenelg: Creative, inspired, forward thinking and action oriented Focus: Creative communities, places and people Strategic Objectives: Recognise and promote cultural heritage; create and support opportunities for cultural and tourism events and activities

ORDINARY COUNCIL MEETING - 24 - Tuesday, 22 August 2017 F5. VERN MCCALLUM COLLECTION STRATEGIC PLAN (continued) b. Legislative and Legal Considerations

There are legislative and legal considerations to be considered in regard to the Cultural Collection - Collection Policy, particularly in relation to legal title, provenance and copyright of some of the images in the VMcCC.


Following an initial meeting with the owner of the VMcCC a report was presented to Council. Council resolved that officers meet again with the owner of the VMcCC and resolve terms and conditions which required further clarification. Officers met with the collection owner and have prepared this report in response.

d. Risk Management

A future risk exists in accepting the collection, particularly in relation to images where the provenance and copyright is unclear. There is also risk if Council commit to auspice and later take custodianship of the collection, and are unable to provide the resources to meet the wishes of the owner of the VMcCC.


If accepted, resource implications are anticipated including provision computer hardware for internal and public access and a dedicated server or server space to ensure longevity of the collection; provision of physical space to house the computer hardware; staffing to curate, research, promote and manage the collection; impact in staff in dealing with public enquiries; and sourcing funding to support the long term vision of the VMcCC Strategic Plan.


The Charter of Human Rights and Responsibilities has been considered.


Sustainability and environmental considerations have been considered.


Whether initially auspiced by Council or accepted into the Cultural Collection or any other sector of Council, the acquisition of the VMcCC and meeting the wishes of the owner as set out in the Strategic Plan pose significant budget implications for Council. Funding would be required to purchase computer hardware, ongoing maintenance of computer hardware, provision of suitable physical space to make the VMcCC accessible by the public, and additional staffing for ongoing curation, research, promotion and management of the collection.

ORDINARY COUNCIL MEETING - 25 - Tuesday, 22 August 2017 F5. VERN MCCALLUM COLLECTION STRATEGIC PLAN (continued) Conclusion The VMcCC represents the lifelong work of the collection’s owner to assemble a comprehensive digital visual history of Victoria’s western district. The collection is both substantial and extensive in subject matter. The owner’s passion, time and energy in putting together such a vast collection is acknowledged. Unfortunately however, the vision for the VMcCC outlined in the Strategic Plan is not in line with the current Cultural Collection Policy in regards to conditional donations. Auspicing the collection and its potential future donation would have a major impact on Council’s resources. Officer Recommendation 1. That Council decline the offer to auspice the Vern McCallum Collection as

it has no resources to manage the collection, and this offer sets a precedent, creating an expectation for other private and community collection custodians.

2. That Council decline the offer to commit to accepting the Vern McCallum

Collection as under the Cultural Collection Policy Council does not accept conditional donations.

ORDINARY COUNCIL MEETING - 26 - Tuesday, 22 August 2017 F6. GLENELG SHIRE COUNCIL CUSTOMER SERVICE CHARTER Director: Edith Farrell, Director Community Services Author: Jessica Hallinan, Administration Support Officer Separate Circulation – Non Confidential No. Separate Circulation Title, Date and Author as detailed on the


1. Draft Customer Service Charter 2303623 Executive Summary The purpose of this paper is to present an updated version of Glenelg Shire Council Customer Service Charter and seek its approval and adoption. Background The Customer Service Charter is an important strategic document that details Council’s commitment to delivering excellent customer service. It provides a benchmark for Council staff on the service standards that customers/ratepayers will receive when communicating with council, such as via telephone calls, over the counter enquiries, written and electronic correspondence and customer requests. The Charter details Council’s inclusive approach and aims to work alongside its five values; these consist of team work, respect, integrity, service excellence and innovation. Council’s last Customer Charter was published in August 2006 and is being edited to reflect Council’s more contemporary and changing landscape, particularly with new digital mediums which are altering work practices. Report Council’s success relies on providing excellent service delivery to the community. It is pivotal that the Customer Service Charter sets out Council’s commitment to provide its customers/ratepayers with quality services in a manner that meets or exceeds customer expectations. To achieve these outcomes it is important that council regularly review and amend its Customer Service Charter to maintain modern standards, and to reflect changes in technologies which influence communication methods. This updated Customer Service Charter has been edited to a more concise format, without losing key messages on what customers/ratepayers should expect. These changes are easier for the public to read and interpret. Furthermore, the simplified language provides clear performance standards for council staff to strive to achieve and surpass.

ORDINARY COUNCIL MEETING - 27 - Tuesday, 22 August 2017 F6. GLENELG SHIRE COUNCIL CUSTOMER SERVICE CHARTER (continued) Council continues to be a state leader in customer service and community engagement scoring in the top tier in the 2017 Local Government Community Satisfaction Survey led by the State Government. In addition Council scored significantly higher than both the large rural and state wide council averages across a number of performance indicators. Therefore, it is imperative that the Customer Service Charter is modern and reflective of current community expectations to ensure we can maintain the high standard of customer service. a. Council Plan Linkage and Policy Context

The Customer Service Charter has been developed in accordance with the Council Plan 2017-2021 theme Leading Glenelg – Create shared visions within the community ensuring agreed outcomes.


There are no legislative or legal requirements.


The media unit will coordinate the design of a new brochure and produce a digital production to showcase this new Charter to ensure it is clearly publicised and available to the public at all Customer Service Centres and online.

d. Risk Management

There are no risk management implications.


The Charter has been reviewed using existing staff resources.

f. Charter of Human Rights and Responsibilities This Charter is within the requirements of the Victorian Charter of Human Rights and Responsibilities Act 2006.


This has been considered.


The digital production and publicity of the Customer Service Charter will be undertaken within existing operational budget.

ORDINARY COUNCIL MEETING - 28 - Tuesday, 22 August 2017 F6. GLENELG SHIRE COUNCIL CUSTOMER SERVICE CHARTER (continued) Conclusion The updated Customer Service Charter illustrates the service standards expected when communicating and/or conducting business with the Glenelg Shire Council. It also ensures consistent communication standards between all Council employees. This new document will be readily available to the public across all council customer service centres and online. Officer Recommendation 1. That Council adopt the 2017-2021 Glenelg Shire Council Customer Service

Charter. 2. That Council officers implement a marketing plan to communicate this

new document.

ORDINARY COUNCIL MEETING - 29 - Tuesday, 22 August 2017 F7. LEASE AGREEMENT WITH MCINTYRE CLAN INVESTMENTS, 56 PERCY STREET, PORTLAND Director: Edith Farrell, Director Community Services Author: Tanya Flockhart, Acting Library and Information Services Manager Executive Summary This report is to seek Council’s approval for a new lease to be entered into with McIntyre Clan Investments through his agent for the building known as 56 Percy Street Portland. Background Council has been successful in securing capital funding from the Department of Environment, Land, Water and Planning’s Living Libraries Infrastructure Fund of $300,000 for a redevelopment of the Portland Library. The works are to commence in November 2017 following a tender process for construction and fit-out and expected to be completed in May 2018. During this phase of the project, the Library will need to relocate to a commercial premises in order to provide uninterrupted Library services to the community. Report Inspections were undertaken of a small number of possible sites within the Portland CBD and in taking into consideration accessibility and location needs of any potential temporary site, a suitable empty shopfront at 56 Percy Street was identified as the preferred temporary location. Discussions were held regarding tenure. The outcome was an in principle agreement to execute a nine (9) month lease with a rental figure of $660.00 (includes GST) per week, from 1 September 2017 to 31 May 2018. a. Council Plan Linkage and Policy Context

This report links to the 2017-2021 Council Plan, particularly the key objective: Connecting Glenelg – connecting people, places and spaces.


The Local Government Act 1989 and Retail Leases Act. c. Consultation and/or communication processes implemented or proposed

Consultation meetings have been held with the real estate agent representing the lessee.

ORDINARY COUNCIL MEETING - 30 - Tuesday, 22 August 2017 F7. LEASE AGREEMENT WITH MCINTYRE CLAN INVESTMENTS, 56 PERCY STREET, PORTLAND (continued) d. Risk Management

There are no risk management issues arising from the matters contained in this report.


Not applicable.




Not applicable.

h. Budget Implications

The rental fee income will be budgeted as part of the total cost of the redevelopment project.

Conclusion That as there have been no concerns with this lease arrangement it is recommended that a nine (9) month lease be entered into with McIntyre Clan Investments through the agent Assets Real Estate. Officer Recommendation 1. That a new nine (9) month lease be entered into with McIntyre Clan

Investments for 56 Percy Street, Portland commencing on 1 September 2017.

2. That the rental figure be $660.00 (including GST) per week for the term of

the lease agreement. 3. That the Director Community Services be authorised to finalise and

execute the new lease documents.

ORDINARY COUNCIL MEETING - 31 - Tuesday, 22 August 2017 F8. CUSTOMER COMPLAINT HANDLING POLICY Director: David Hol, Acting Director Corporate Services Author: Scott Millard, Manager Compliance & Corporate Information Separate Circulation – Non Confidential No. Separate Circulation Title, Date and Author as detailed on the


1. Draft Customer Complaint Handling Policy CPO-CORPS-CUSTS-003

2299280

Executive Summary This briefing paper seeks the adoption by Council of the draft Customer Complaint Handling Policy. Background In 2015 the Victorian Ombudsman presented to Parliament her report into Councils and complaints – A report on current practice and issues. This enquiry was launched in 2014 when staff in the Ombudsman’s Office identified that one of the main causes of complaints against local councils was the way those councils dealt with complaints. As part of this enquiry the Ombudsman also developed a Good Practice Guide to assist councils improve their complaint handling practices. The enquiry also recommended the following two changes to legislation: • To include a definition of complaint, consistent with the national standard

(AS/NZS 10002:2014 – Guidelines for complaint management in organisations); and

• To require councils to have an internal review function in their dealing with complaints.

Report The draft Council Policy – Customer Complaint Handling (the Policy) has been developed using the model local government complaint handling policy that has been tailored to suit our own situation with consideration to the Ombudsman’s Good Practice Guide.

ORDINARY COUNCIL MEETING - 32 - Tuesday, 22 August 2017 F8. CUSTOMER COMPLAINT HANDLING POLICY (continued) The Policy is based on the following seven principles that make up an effective complaint handling system: • Commitment;

• Accessibility; • Transparency;

• Objectiveness & Fairness; • Confidentiality; • Accountability; and • Continuous Improvement. The Policy defines a complaint as:

an expression of dissatisfaction with –

• the quality of an action taken, decision made, or service provided by or on behalf of Council;

• a delay or failure in providing a service, taking an action, or making a decision by or on behalf of Council or its contractor or volunteer.

Information about both substantiated and unsubstantiated complaints can be very useful to councils. Beyond rectifying problems with service delivery, they also show areas of concern to the community and areas where the public may benefit from more education, consultation or assistance. a. Council Plan Linkage and Policy Context

The draft Customer Complaint Handling Policy is linked to the Council Plan 2017-21 in the following focus areas: • Leading Glenelg – Transparency, particularly the strategic objective

‘Community members are encouraged to take an active part in democratic engagement’. Strategies/action ‘improve the customer experience’; and

• Creative Glenelg – Innovation, particularly the strategic objective ‘Support smarter operations of Council services’.

ORDINARY COUNCIL MEETING - 33 - Tuesday, 22 August 2017 F8. CUSTOMER COMPLAINT HANDLING POLICY (continued)


Currently only one part of the Local Government Act 1989 (Part 4, Division 4) squarely addresses complaint handling, and this specifically deals with complaints against the CEO of a council alleging bullying, victimisation or harassment (including sexual harassment). The following comments were made in the Review of the Local Government Act 1989, Discussion Paper, released in 2016:

Councils are expected to respond to broad community concerns and to specific issues raised by individual residents and ratepayers. Individuals whose interests are affected by a decision of council under statutory authority may be able to appeal these decisions in courts or tribunals, for example appeals against planning decisions to VCAT. However, councils should be able to address the full range of complaints and concerns that their constituents might have, even if many decisions are open to judicial or administrative review. In a 2015 report, Councils and complaints – A report on current practice and issues, the Victorian Ombudsman identified concerns with council complaint handling processes, particularly in defining complaints and tracking outcomes. The report suggested that a definition for ‘complaint’ be included in the Act and that councils are expected to adopt complaint handling procedures. At a minimum, councils should have mechanisms for handling complaints. There would be merit in adopting a uniform approach to recognising what a complaint is and appropriate ways for addressing them.


The Policy has been developed internally using the information provided by the Victorian Ombudsman as a guide and has undergone an internal consultation process with staff.

d. Risk Management

The development and implementation of a customer complaint management system will reduce the potential for damage to the organisation’s reputation within the community. The system will demonstrate to our customers, employees and contractors that we take customer service seriously and that we will actively take steps to resolve complaints. This demonstration can have a positive effect in the retention of highly valued employees.

ORDINARY COUNCIL MEETING - 34 - Tuesday, 22 August 2017 F8. CUSTOMER COMPLAINT HANDLING POLICY (continued)

A system that investigates complaints and where appropriate recommends actions to resolve not only the current complaint but also seeks to effect change in business process to limit ongoing complaints of a similar nature will enhance efficiency and lead to a more innovative organisation.


There will be no additional resources required as a result of the implementation of a complaint handling system. Whilst more resources may be required to undertake investigations, this is either occurring or should be occurring within the current adhoc system. It could also be argued that failure to appropriately manage complaints may consume greater resources than those required by the new system.


As public authorities, the Charter of Human Rights and Responsibilities Act 2006 (the Charter) requires local councils to consider human rights when they make, interpret and apply laws, develop policies and provide day-to-day services. In respect to the Policy, the following are the protected rights that have been identified as being relevant to this matter: • Privacy and reputation - A person has the right— (a) not to have his or her

privacy, family, home or correspondence unlawfully or arbitrarily interfered with; and (b) not to have his or her reputation unlawfully attacked.

• Freedom of Expression - Every person has the right to freedom of expression which includes the freedom to seek, receive and impart information and ideas of all kinds.

It is considered that the policies and actions associated with the complaint handling system are compatible with the Charter. However it is acknowledged that depending upon the nature of a complaint, specific human rights may need to be considered during the investigation and/or review.


Not applicable.


There are no impacts to the budget as a result of implementing the customer complaint handling system.

ORDINARY COUNCIL MEETING - 35 - Tuesday, 22 August 2017 F8. CUSTOMER COMPLAINT HANDLING POLICY (continued) Conclusion The implementation of the draft Customer Complaint Handling Policy will create a structured approach to the handling of customer complaints for all Council services. This approach will assist Council treat all complaints in a fair, equitable and transparent manner. It will also enable Council where appropriate, to implement changed business processes in an endeavour to learn from our experiences. Officer Recommendation That Council resolve to adopt the draft Customer Complaint Handling Policy as circulated.

ORDINARY COUNCIL MEETING - 36 - Tuesday, 22 August 2017 F9. HERITAGE GRANT APPLICATION 3261 CASTERTON-PORTLAND ROAD, DIGBY Director: David Hol, Acting Director Corporate Services Author: Matt Berry, Planning Manager Separate Circulations – Non Confidential No. Separate Circulation Title, Date and Author ECM 1. Heritage Advisor Report, Flightpath dated 24 May 2017 2287406 2. Heritage Loan/Grants Scheme Application dated 5 May 2017 2280867 3. Item F4 Heritage Grant & Loan Application 3261 Casterton-

Portland Road Digby 2318833

Executive Summary This report relates to a heritage grant and loan application for repairs to the buttresses and storm water damage of St Johns’ The Evangelist Church at 3261 Casterton-Portland Rd, Digby. A grant of $5,000 is recommended for approval to the applicant, Mrs Beverley Pepper, Parish Worden. Background On 25 July 2017 Council adopted a revised Heritage Loans and Grant Scheme Policy. The revised policy meant that this application which was considered at the same meeting was laid on the table. This was because the original application lodged in separate circulation requested both a loan and a grant. The new policy adopted on 25 July 2017 however explicitly changed so that dual applications like this could no longer be considered. Report On 27 July 2017 the applicant of the original application (lodged 27 May 2017) agreed to amend their application to seek a grant of $5000 only. Details of the works are contained in the previous report that has been laid on the table. The revised application now meets the new Heritage Loans and Grants Scheme policy. a. Council Plan Linkage and Policy Context

Liveable Glenelg – Livability & quality of life.


There are no specific legislative or legal considerations.

ORDINARY COUNCIL MEETING - 37 - Tuesday, 22 August 2017 F9. HERITAGE GRANT APPLICATION 3261 CASTERTON-PORTLAND ROAD, DIGBY (continued) c. Consultation and/or communication processes

The Heritage Advisory Committee was consulted. The applicant will be advised of the Council meeting outcome.

d. Risk Management

Not applicable to this paper.


Not applicable to this paper.




The approval of the grant application supports sustaining heritage assets in the Shire.


There are sufficient funds for the grant application which comes from the heritage grants and loans restoration fund.

Conclusion This report seeks to have the report taken off the table and a decision made. In summary the grant application will make a positive contribution to the restoration of this heritage listed building in the Shire. The application meets all the eligibility requirements of the new Heritage Loans and Grants Scheme policy. A $5000 grant is recommended for approval.

ORDINARY COUNCIL MEETING - 38 - Tuesday, 22 August 2017 F9. HERITAGE GRANT APPLICATION 3261 CASTERTON-PORTLAND ROAD, DIGBY (continued) Officer Recommendation 1. That Council take off the table the report Heritage Grant and Loan

Application 3261 Casterton-Portland Road, Digby. 2. That Council approve the grant of $5,000 from the heritage grants and

loans restoration fund for repairs to the buttresses, timber barge, fascias, guttering and downpipes at 3261 Casterton-Portland Road, Digby in accordance with planning permit P17040 and subject to relevant building permits being granted and the following requirements: a. That any replacement timbers such as barges, fascias, soffits are of a

type and profile to match the original, including beaded edge profile;

b. That any replacement bricks match the original as closely as possible in type, size and colour;

c. That any replacement mortar or repointing match the original as closely in possible in composition, colour and joint profile. Flexible caulking should not be used to repoint; and

d. That the new steel downpipes continue to ground level to meet the PVC stormwater, minimising any visible PVC components.

ORDINARY COUNCIL MEETING - 39 - Tuesday, 22 August 2017 F10. DELEGATIONS AND AUTHORISATIONS REVIEW Director: David Hol, Acting Director Corporate Services Author: Rachael Fellows, Acting Senior Administration Corporate Services Executive Summary In accordance with the principles of good governance, continuous improvement and statutory compliance, the review of the Delegations and Authorisations review has been undertaken in accordance with Section 98(6) of Local Government Act 1989. This review included the following Council Instruments of Delegation have been reviewed including: • Instrument of Delegation to Chief Executive Officer (S5);

• Instrument of Delegation from Council to Members of staff (S6);

• Instrument of Sub-Delegation from the Chief Executive Officer to Council Staff

(S7);

• Instrument of Appointment and Authorisations (Planning and Environment Act 1987) (S11A);

• Instrument of Delegation of CEO powers, duties and functions (S13); • Instrument of Delegation from CEO to Staff (Vicsmart) (S14);

• Instrument of Delegation from the Port Manager to Members of Council; and

• Instrument of Sub-Delegation by CEO under the Marine Safety Act 2010. Background Section 98 of the Local Government Act 1989 enables Councils to delegate to Council Committees and Staff a diverse range of powers, duties or functions to facilitate the effective and efficient management and operation of municipalities. The Glenelg Shire Council, together with a number of other Victorian municipalities, subscribes to the Maddocks Lawyers Delegations and Authorisations update service. This review is based on the Maddocks proforma documents with appropriate alterations identified by each Director and their staff. The objectives of delegation and authorisation reviews are to: • Achieve good governance.

• Ensure statutory compliance by incorporating recent legislative changes.

• Facilitate responsive and efficient customer service.

ORDINARY COUNCIL MEETING - 40 - Tuesday, 22 August 2017 F10. DELEGATIONS AND AUTHORISATIONS REVIEW (continued) • Deliver continuous improvement in service delivery and decision making. • Make minor wording enhancements, where necessary, to improve the quality of

the documents. Report The changes to Delegations and Authorisations, relating to the current update includes: Changes to the S6 Instrument of Delegation from Council to Staff 1. S6 Instrument is to update the commencement note for the Victorian Planning

Authority Act 2017 (VPA Act). The note previously stated that the VPA Act would commence on 1 December 2017, unless proclaimed earlier. The VPA Act will now commence on 1 July 2017.

Changes to the S7 Instrument of Sub-Delegation from Council’s CEO to Staff 1. Under the Aboriginal Heritage Act 2006, the duty to give a copy of the

Aboriginal cultural heritage land management agreement to the Secretary of Victorian Communities has been replaced. Council must now give a copy of the agreement to the Secretary of the Department of Premier and Cabinet;

2. That the Urban Renewal Authority Victoria Amendment (Development Victoria)

Act 2017 came into effect on 1 April 2017, abolishing the Urban Renewal Authority Victoria and establishing Development Victoria as its successor. Consequentially there have been a number of amendments throughout the Instrument, as well as to the powers, duties and functions in the Development Victoria Act 2003;

3. The amendments to the Child Wellbeing and Safety Act 2005 outlined in our

previous update have now commenced; 4. The introduction of the Children, Youth and Families Regulations 2017 expands

the definition of ‘service agency’ under the Children Youth and Families Act 2005 to include a council that is not registered as a community service, but is established to provide services to meet the needs of children requiring care, support, protection or accommodation and of families requiring support. The result of this is that a further function has been added under the Children Youth and Families Act 2005;

ORDINARY COUNCIL MEETING - 41 - Tuesday, 22 August 2017 F10. DELEGATIONS AND AUTHORISATIONS REVIEW (continued) 5. That the Climate Change Act 2017 will be in force on 1 November 2017 (unless

proclaimed earlier). Once in force, it will introduce the power to make a statement (a council pledge) in respect of greenhouse gas emissions reductions, as well as two duties - to give a copy of the council pledge to the Minister as soon as practicable, and to have regard to any directions of the Minister regarding preparation of an emissions reduction pledge;

6. The function of receiving details of alleged contraventions of building legislation

under s48R of the Domestic Building Contracts Act 1995 is now in force; 7. The Education and Care Services National Law Amendment Act 2017 has

introduced a function and power relating to information in respect of education and care services;

8. A number of powers, duties and functions have been added under the Freedom

of Information Act 1982 due to the Freedom of Information Amendment (Office of the Victorian Information Commissioner) Act 2017. These new powers, duties and functions will commence on 1 September 2017, unless proclaimed earlier;

9. The Health Services Commissioner has been renamed as the Health

Complaints Commissioner. As such, the powers, duties and functions under the Health Records Act 2001 have been updated to reflect the new name;

10. The Heritage Act 1995 is to be repealed on the day the Heritage Act 2017

comes into force, which is 1 November 2017, unless proclaimed earlier; 11. The Freedom of Information Amendment (Office of the Victorian Information

Commissioner) Act 2017 has also made a number of changes to the Privacy and Data Protection Act 2014, including the renaming of the Commissioner referenced, to the Information Commissioner. Some other subtle changes have been included;

12. The Family Violence Protection Amendment Act 2017 has introduced changes

to the Public Health and Wellbeing Act 2008, which include new duties for councils in relation to family violence prevention in public health and wellbeing plans;

13. Under the Rooming House Operators Act 2016, the s.49(3) duty to comply with

a request under s49(1) to answer any questions has come into force; 14. The introduction of a duty and function under the Victorian Planning

Authority Act 2017; 15. That the Building Regulations 2006 have been renamed the Building Interim

Regulations 2017, however all relevant powers, duties and functions remain the same;

ORDINARY COUNCIL MEETING - 42 - Tuesday, 22 August 2017 F10. DELEGATIONS AND AUTHORISATIONS REVIEW (continued) 16. The Occupational Health and Safety Regulations 2007 have been replaced with

the Occupational Health and Safety Regulations 2017. There are some changes to the functions in relation to major hazard facilities and prescribed mines;

18. The Road Safety Road Rules 2009 will be revoked on 1 July 2017 and the

Road Safety Road Rules 2017 will be introduced. One new power is introduced, and we have revised the wording of the other power;

19. The Road Safety Road Rules (Electric Personal Transporters Trail) Amendment

Rules 2016 will be revoked on 1 July 2017; and 20. The Victorian Energy Efficiency Target (Project-Based Activities) Regulations

2017 commenced on 19 June 2017, introducing two functions. Updates to S11A Instruments of Appointment and Authorisation (Planning and Environment Act 1987) 1. Minor amendments to the S11A. Instrument of Appointment and Authorisation

(Planning and Environment Act 1987) for Statutory Planner, Imogen Holton-Mcphee; and

2. Minor amendments to the S11A. Instrument of Appointment and Authorisation

(Planning and Environment Act 1987) for Strategic Planner, Jacob Clements. Changes made to the S13 Instrument of Delegation of CEO powers, duties and functions 1. Updated title changes. Changes to the S14 Instrument of Delegation of CEO powers, duties and functions for VicSmart Applications under the Planning and Environment Act 1987 The S14 Instrument has been updated with respect to the ‘power to waive or rebate a fee other than a fee relating to an amendment to a planning scheme’. This is provided under r20 of the Planning and Environment (fees) Regulations 2016, not r.19 as previously stated. a. Council Plan linkage and policy context


ORDINARY COUNCIL MEETING - 43 - Tuesday, 22 August 2017 F10. DELEGATIONS AND AUTHORISATIONS REVIEW (continued)


Section 98 of the Local Government Act 1989 provides that a Council may by instrument of delegation delegate to a member of its staff any power, duty or function of a Council under this Act or any other Act. However, there are six statutory limitations. Section 86 of the Local Government Act 1989 provides that a Council may by instrument of delegation delegate any of its functions, duties or powers under this or any other Act to a special committee. However, there are six statutory limitations.

c. Consultation and/or Communication Processes Implemented or Proposed

All Council staff listed in the schedule contained in the various Instruments of Delegation were provided with a copy of the draft delegations and authorisations and invited to provide comment prior to finalisation.

d. Risk Management

The completion of this delegation and authorisation review for 2017 ensures that Council’s delegations and authorisations comply with current legislative and organisational requirements and will enable those staff with delegations and authorisations to legally continue to undertake their duties and to deliver Council services.


Resources for preparation and coordination of regular delegation reviews are allowed for within the Corporate Services department.


The Charter of Human Rights and Responsibilities was considered in the preparation of this report and associated documents.


Not Applicable.

h. Budget Implications

The cost of the Maddocks Lawyers subscription service is a direct cost and the cost of undertaking the Delegation and Authorisation review is an indirect cost, both allowed for in allocated budgets.

ORDINARY COUNCIL MEETING - 44 - Tuesday, 22 August 2017 F10. DELEGATIONS AND AUTHORISATIONS REVIEW (continued) Conclusion It is recommended that Council approve the updates made to S5 Instrument of Delegation to Chief Executive Officer, S6. Instrument of Delegation from Council to Members of Staff, S7 Instrument of Sub-Delegation by the Chief Executive Officer to Council Staff, S11A Instrument of Appointment and Authorisations (Planning and Environment Act 1987), S11A Instruments of Appointment and Authorisation (Planning and Environment Act 1987), S13 Instrument of Delegation of CEO powers, duties and functions, the S14 Instrument of Delegation by Chief Executive Officer for VicSmart Applications under the Planning and Environment Act 1987 and the Instruments of Delegation from the Port Manager to Members of Council Staff and Instrument of Sub-Delegation by CEO under the Marine Safety Act 2010. Officer Recommendation 1. Instrument of Delegation to Chief Executive Officer (S5)

a. That Council adopt the Instrument of Delegation to Chief Executive

Officer of Staff dated Tuesday 22 August 2017 (S5). b. That the Instrument referred to in 1 (a) come into force immediately

the common seal of Council is affixed to the Instruments. c. On the coming into force of the Instruments referred to in 1 (a) the

previous Instrument of Delegation to Chief Executive Officer (S5) be revoked.

d. The duties and functions set out in the Instrument referred to in 1 (a)

must be performed, and the powers set out in the Instrument must be executed, in accordance with any guidelines or policies of Council that it may from time to time adopt.

2. Instrument of Delegation from Council to Members of Staff (S6)

a. That Council adopt the Instrument of Delegation from Council to

Members of Staff dated Tuesday 22 August 2017 (S6). b. That the Instrument referred to in 2 (a) come into force immediately

the common seal of Council is affixed to the Instruments. c. On the coming into force of the Instruments referred to in 2 (a) the

previous Instrument of Delegation from Council to designated members of Council staff (S6) be revoked.

d. The duties and functions set out in the Instrument referred to in 2 (a)

must be performed, and the powers set out in the Instrument must be executed, in accordance with any guidelines or policies of Council that it may from time to time adopt.

ORDINARY COUNCIL MEETING - 45 - Tuesday, 22 August 2017 F10. DELEGATIONS AND AUTHORISATIONS REVIEW (continued) 3. Instrument of Sub-Delegation by the Chief Executive Officer to Council

Staff (S7)

That Council note that the Instrument of Sub-Delegation from the Chief Executive Officer to Council Staff (S7) has been amended and will come into force when it is signed by the Chief Executive Officer on Wednesday 23 August 2017.

4. Instruments of Appointment and Authorisation (Planning and

Environment Act 1987)(S11A)

a. The members of Council staff referred to in the instruments Imogen Holton-McPhee and Jacob Clements be appointed and authorised as set out in the instrument.

b. The instrument comes into force immediately when the common seal

of Council is affixed to the instrument, and remains in force until Council determines to vary or revoke it.

5. Instrument of Delegation of CEO powers, duties and functions (S13)

That Council note that the Instrument of Delegation of CEO powers, duties and functions has been amended and will come into force when signed by the Chief Executive Officer on Wednesday 23 August 2017.

6. Instrument of Delegation by Chief Executive Officer for VicSmart applications under the Planning and Environment Act 1987 (S14) That Council note that the Instrument of Delegation by Chief Executive Officer for Vicsmart Applications has been amended and will come into force when signed by the Chief Executive Officer on Wednesday 23 August 2017.

7. Instrument of Delegation from the Port Manager to Members of Council

Staff and Instrument of Sub-Delegation by CEO under the Marine Safety Act 2010

a. That Council adopt the Glenelg Shire Council (as Port Manager for

the Glenelg Shire) Instrument of Delegation to Members of Council Staff; and o The instrument comes into force immediately when the common

seal of Council is affixed to the instrument, and remains in force until Council determines to vary or revoke it.

b. That Council note that the Glenelg Shire Council (as Port Manager for

the Glenelg Shire) Instrument of Sub-Delegation by The Chief Executive Officer will be signed by the Chief Executive Officer on Wednesday 23 August 2017.

ORDINARY COUNCIL MEETING - 46 - Tuesday, 22 August 2017 ANY OTHER PROCEDURAL MATTER: URGENT BUSINESS: RECEIPT OF ITEMS SUBMITTED FOR INFORMATION: INDEX – SEPARATE CIRCULATIONS TO REPORTS Separate Circulation to Councillors, CEO, Director and available to the Public E1. (1) Assembly of Councillors – Councillors Workshop held Tuesday 18 July

2017 E1. (2) Meeting Record of the Tourism Advisory Committee held on Wednesday

19 July 2017 E1. (3) Meeting Record of the Australia Advisory Committee held on Tuesday

25 July 2017 E1. (4) Assembly of Councillors – Councillor and CEO Meeting Record held

Tuesday 25 July 2017 E1. (5) Assembly of Councillors – Councillor Briefing Session held on Tuesday

25 July 2017 E1. (6) Assembly of Councillors – Municipal Health and Wellbeing Presentation

held on Tuesday 8 August 2017 E1. (7) Assembly of Councillors – Councillors Workshop held on Tuesday

8 August 2017 F2. (1) Council Policy Glenelg Shire Council International Relationships F3. (1) Council Policy - Precautions for Code Red Fire Danger Rating -

Councillors F5. (1) Strategic Plan for the Vern McCallum Collection, (Author Phil Ruge)

October 2016 F6. (1) Draft Customer Service Charter F8. (1) Draft Customer Complaint Handling Policy CPO-CORPS-CUSTS-003 F9. (1) Heritage Advisor Report, Flightpath dated 24 May 2017 F9. (2) Heritage Loan/Grants Scheme Application dated 5 May 2017 F9. (3) Item F4 Heritage Grant & Loan Application 3261 Casterton-Portland Road,

Digby

ORDINARY COUNCIL MEETING - 47 - Tuesday, 22 August 2017 Separate Circulation to Councillors, CEO and Directors F1. (1) Councillor and Chief Executive Officer Leave of Absence Register Recommendation The documents separately circulated to Councillors, CEO, Directors and to the Public, as listed above, be received. CLOSURE OF MEETING TO MEMBERS OF THE PUBLIC: Recommendation That the Council Meeting be closed to members of the public pursuant to Section 89 (2)(h) of the Local Government Act 1989, excluding the Chief Executive Officer, Acting Director Corporate Services, Director Community Services, Director Assets, Council Support Coordinator and Senior Administration Corporate Services to consider the following reports: G1. Independent Audit Committee Member Appointment OPENING OF COUNCIL MEETING TO MEMBERS OF THE PUBLIC: Recommendation That the Council Meeting be opened to members of the public. CLOSURE OF COUNCIL MEETING Victorian State Legislation Copyright Acknowledgement

Extracts from legislation of the Parliament of the State of Victoria, Australia, are reproduced with the permission of the Crown in right of the State of Victoria, Australia. The State of Victoria accepts no responsibility for the accuracy and completeness of any legislation contained in this publication. © State of Victoria, Australia. Copyright of legislation referenced in this publication is owned by the Crown in right of the State of Victoria, Australia.

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